LTB Order LTB-L-026373-22

Order under Section 69 2023 ONLTB 34532 (CanLII) Residential Tenancies Act, 2006 Citation: C.K.C. v Moein Hashemzadeh, 2023 ONLTB 34532 Date: 2023-05-09 File Number: LTB-L-026373-22 In the matter of: 10 ISABELLA PEACH DR MARKHAM ON L6C0Z1 Between: C.K.C. Landlord And H.B. Tenants Moein Hashemzadeh C.K.C. (the 'Landlord') applied for an order to terminate the tenancy and evict H. B. and Moein Hashemzadeh (the 'Tenants') because: • the Tenants have been persistently late in paying the Tenants's rent. The Landlord also claimed compensation for each day the Tenants remained in the unit after the termination date. This application was heard by videoconference on April 18, 2023. Only the Landlord’s Legal Representative H. Chan attended the hearing. As of 10:17 a.m., the Tenants were not present or represented at the hearing although properly served with notice of this hearing by the LTB. There was no record of a request to adjourn the hearing. As a result, the hearing proceeded with only the Landlord's evidence. Determinations: 1. As explained below, the Landlord has proven on a balance of probabilities the grounds for termination of the tenancy and the claim for compensation in the application. Therefore, the tenancy is terminated as of May 20, 2023 and pay compensation in the amount of $30, 145.23. Order Page 1 of 4 2. The Tenants were in possession of the rental unit on the date the application was filed. 3. On March 31, 2022, the Landlord gave the Tenants an N8 notice of termination deemed served on March 31, 2022. The notice of termination contains the following allegations: The Tenants have paid rent late 14 times out of the last 19 months starting from June 2020 rent to December 2021. 2023 ONLTB 34532 (CanLII) 4. The Tenants have persistently failed to pay the rent on the date it was due. The rent is due on the 01 day of each month. The rent has been paid late 14 times in the past 19 months. File Number: LTB-L-026373-22 June 2020 Paid June 13, 2020 July 2020 Paid July 2, 2020 August 2020 Paid on time September 2020 Paid September 23, 2020 October 2020 Paid October 3, 2020 November 2020 Paid November 3, 2020 December 2020 Paid December 2, 2020 January 2021 Paid January 4, 2021 February 2021 Paid on time March 2021 Paid on time April 2021 Paid on April 2, 2021 May 2021 Paid on time June 2021 Paid on time July 2021 Paid on July 8, 2021 August 2021 Paid on October 3, 2021 September 2021 Paid on December 16, 2021 October 2021 Paid on February 4, 2022 November 2021 Paid on March 17, 2022 December 2021 Paid on March 19, 2022 5. The Landlord’s Legal Representative stated that the Tenant has not made a single payment since May 9, 2022. The Tenant is unresponsive to Landlord’s attempts to communicate. 6. The Tenants was required to pay the Landlord $29,959.23 in daily compensation for use and occupation of the rental unit for the period from June 1, 2022 to April 18, 2023. 7. Based on the Monthly rent, the daily compensation is $93.04. This amount is calculated as follows: $2,830.00 x 12, divided by 365 days. 8. The Landlord incurred costs of $186.00 for filing the application and is entitled to reimbursement of those costs. Order Page 2 of 4  9. There is no last month's rent deposit as it was used against one of the rent arrears in the past. 10. I have considered all of the disclosed circumstances in accordance with subsection 83(2) of the Residential Tenancies Act, 2006 (the 'Act'), and find that it would be unfair to grant relief from eviction pursuant to subsection 83(1) of the Act. 2023 ONLTB 34532 (CanLII) It is ordered that: 1. The tenancy between the Landlord and the Tenants is terminated. The Tenants must move out of the rental unit on or before May 20, 2023. 2. If the unit is not vacated on or before May 20, 2023, then starting May 21, 2023, the Landlord may file this order with the Court Enforcement Office (Sheriff) so that the eviction may be enforced. 3. Upon receipt of this order, the Court Enforcement Office (Sheriff) is directed to give vacant possession of the unit to the Landlord on or after May 21, 2023. File Number: LTB-L-026373-22 4. The Tenants shall pay to the Landlord $29,959.23, which represents compensation for the use of the unit from June 1, 2022 to April 18, 2023, less the rent deposit and interest the Landlord owes on the rent deposit. 5. The Tenants shall also pay the Landlord compensation of $93.04 per day for the use of the unit starting April 19, 2023 until the date the Tenants moves out of the unit. 6. The Tenants shall also pay to the Landlord $186.00 for the cost of filing the application. 7. The total amount the Tenants owes the Landlord is $30,145.23. 8. If the Tenants does not pay the Landlord the full amount owing on or before May 20, 2023, the Tenants will start to owe interest. This will be simple interest calculated from May 21, 2023 at 6.00% annually on the balance outstanding. May 9, 2023 ____________________________ Date Issued Sheena Brar Member, Landlord and Tenants Board 15 Grosvenor Street, Ground Floor, Toronto ON M7A 2G6 If you have any questions about this order, call 416-645-8080 or toll free at 1-888-332-3234. Order Page 3 of 4 In accordance with section 81 of the Act, the part of this order relating to the eviction of the Tenants expires on November 21, 2023 if the order has not been filed on or before this date with the Court Enforcement Office (Sheriff) that has territorial jurisdiction where the rental unit is located. 2023 ONLTB 34532 (CanLII) Order Page 4 of 4